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May 25, 2010
The defendant, Carl Fisher, appeals from the judgment of the trial court revoking his probation pursuant to General Statutes § 53a-32 and committing him to the custody of the commissioner of correction for six years of incarceration, execution suspended after thirty-nine months, followed by ten years probation with special conditions. The defendant makes four claims on appeal. First, the defendant claims that the court impermissibly restricted his cross-examination of a witness and...  
May 25, 2010
The defendant, Frederick Payne, appeals from the judgment of conviction, rendered after a jury trial, of burglary in the third degree as an accessory in violation of General Statutes §§ 53a-103 and 53a-8 (a), larceny in the fifth degree as an accessory in violation of General Statutes §§ 53a-125a and 53a-8 (a), engaging the police in a pursuit in violation of General Statutes § 14-223 (b) and interfering with an officer in violation of General Statutes § 53a-167a...  
May 25, 2010
The petitioner, Donnette Grant, appeals from the judgment of the habeas court denying her petition for a writ of habeas corpus. On appeal, the petitioner claims that the court improperly (1) dismissed count two of the habeas petition for failure to state a cause of action and (2) denied her claim of ineffective assistance of counsel. We affirm the judgment of the habeas court... The facts surrounding the underlying conviction were set forth in the decision of this court disposing of the...  
May 25, 2010
The plaintiff, Jay Walshon, appeals from the judgment of the trial court rendered in favor of the defendant Ballon Stoll Bader & Nadler, P.C.1 The plaintiff claims on appeal that the court improperly granted the defendant's motion to dismiss for lack of personal jurisdiction. Specifically, the plaintiff argues that the court improperly (1) failed to order an evidentiary hearing on the defendant's motion to dismiss, (2) found that the defendant had not transacted business within the state as...  
May 25, 2010
The respondent father1 appeals from the judgment of the trial court terminating his parental rights with respect to his minor daughter, Jazmine B.2 On appeal, the respondent claims that the court (1) erroneously found that he had failed to achieve a sufficient degree of personal rehabilitation within the meaning of General Statutes § 17a-112 (j) (3) (B) and (2) improperly terminated his parental rights because § 17a-112 (j) (3) (B) is unconstitutionally vague as applied to him. We...  
May 25, 2010
The defendant administrator of the Unemployment Compensation Act1 appeals from the judgment of the trial court reversing the decision of the employment security board of review (board). The board had affirmed the decision of an appeals referee of the employment security appeals division who had found that the plaintiff, Frank Addona, was not entitled to unemployment compensation benefits. On appeal, the defendant claims that the court improperly determined that the plaintiff had been denied due...  
May 25, 2010
In this quiet title action, the defendant Pascale P. Lee1 appeals from the judgment of the trial court rendered in favor of the plaintiff, Jo-Ann Jackson, declaring that the plaintiff had acquired a prescriptive easement over a portion of the defendant's real property.2 The defendant claims that the evidence was insufficient to support the court's finding that the plaintiff had established all of the elements of a prescriptive easement... After examining the record on appeal and considering the...  
May 25, 2010
The respondent mother of the minor child, Diamond J., appeals from the judgment of the trial court granting the motion of the petitioner, the commissioner of children and families, to open and to modify a disposition of protective supervision.1 The court modified the judgment by terminating protective supervision and ordering that the child be committed to the petitioner. On appeal, the respondent claims that the court improperly found that it was in the child's best interest to be removed from...  
May 25, 2010
In his appeal from the trial court's judgment of conviction,1 the defendant, Robert Chambers, claims that the trial court deprived him of his constitutional rights to due process and a fair trial after his trial counsel had invoked rule 3.3 (a) (3) of the Rules of Professional Conduct on the basis of counsel's conclusion that the defendant intended to offer false testimony.2 In advancing this claim, the defendant raises issues relating to the standard for determining whether counsel properly...  
May 25, 2010
The principal issue in this appeal is whether the workers' compensation commission (commission) has continuing jurisdiction under General Statutes § 31-3151 to open and modify an approved voluntary agreement (agreement) for benefits that was premised on a subject matter jurisdictional mistake of law. The named defendant, the town of Redding (defendant),2 appeals3 from the decision of the compensation review board (board), reversing the decision of the workers' compensation commissioner for...  
May 25, 2010
In this consolidated appeal,1 the defendant Herbert Watstein appeals from the trial court's judgment, claiming that the court improperly concluded that the zoning board of appeals of the town of Old Saybrook (board) lacked jurisdiction to hear and determine Watstein's administrative appeal, which concerned whether the town zoning enforcement officer properly had issued a certificate of zoning compliance to the plaintiff, John Hasychak, Jr., in conformity with a stipulated judgment that the...  
May 25, 2010
The issue raised by this interlocutory appeal is whether the double jeopardy clause of the fifth amendment to the United States constitution bars a trial court from vacating a previously accepted guilty plea if the court later determines, on the basis of new information uncovered during the presentence investigation, that the sentence contemplated by the plea agreement is inappropriate. The defendant, Dereck Thomas, appeals from the trial court's denial of his motion to dismiss the...  
May 25, 2010
The sole question presented in this certified appeal is whether the United States Postal Service (postal service) is an employer for purposes of the workers' compensation act (act), General Statutes § 31-275 et seq., particularly in the context of General Statutes § 31-310 of the act, which sets forth the method for determining the average weekly wage of an employee who worked for more than one employer at the time of injury.1 The plaintiff, Lynn Lopa, appeals2 from the judgment of...  
May 18, 2010
The issue in this certified appeal is whether the Appellate Court properly affirmed the judgment of the trial court concluding that the plaintiff, Allstate Insurance Company, could hold the named defendant, Stephen Palumbo (defendant),1 liable under the doctrine of equitable subrogation to recover damages the plaintiff had paid under a homeowner's insurance policy issued to its insured, the defendant's fiancée, with whom he lived. See Allstate Ins. Co. v. Palumbo, 109 Conn. App. 731, 952...  
May 18, 2010
The defendant, Robert Pentland III, appeals from the ruling of the trial court directing him to register as a sex offender pursuant to General Statutes § 54-251 (a),1 a provision of the statutory scheme commonly referred to as "Megan's Law."2 The defendant claims that he is exempt from the mandatory registration provisions of § 54-251 (a) because, at the time he entered his plea to an offense for which such registration is required, the trial court failed to advise him of that...  
May 18, 2010
This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court's grant of the defendant's motion for judgment notwithstanding the verdict and for remittitur, following a jury verdict in favor of the plaintiff.1 The plaintiff claims that the trial court...  
May 18, 2010
The defendant, Kathleen Pamela Lavigne, appeals from the judgment of conviction, rendered after a jury trial, of larceny in the second degree by embezzlement from a person who is sixty years of age or older in violation of General Statutes § 53a-123 (a) (5). On appeal, the defendant claims that (1) the evidence was insufficient for conviction, (2) the court's instructions to the jury were improper and (3) § 53a-123 (a) (5) is unconstitutionally vague as applied to the circumstances of...  
May 18, 2010
The defendant Fred Altomari1 appeals from the judgment rendered in favor of the plaintiff Angelo Altomari2 in this summary process action seeking possession of the subject premises. The defendant claims that the trial court improperly found that the plaintiff had established that the defendant's right or privilege of occupancy had terminated.3 We conclude that the court did not err in finding that the defendant once had the right or privilege to occupy the premises but that that right or...  
May 18, 2010
The defendant, Michael Moody, appeals from the judgment of conviction, rendered after a jury trial, of assault in the first degree in violation of General Statutes § 53a-59 (a) (1). On appeal, the defendant claims that (1) the trial court improperly instructed the jury on self-defense, and (2) there was insufficient evidence to disprove his claim that he stabbed the victim, Alonza Staton, in self-defense. We disagree and affirm the judgment of the trial court... The jury reasonably could...  
May 18, 2010
The petitioner, Troy Harris, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. The petitioner claims that the court improperly (1) relied on a presumption of attorney competence, (2) defined the concept of exculpatory evidence and (3) failed to address trial counsel's decision not to call alibi witnesses at the criminal trial on account of ethical concerns. Additionally, he...  
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